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(영문) 부산지방법원 2020.09.17 2020고단1859
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On June 20, 2019, the Defendant driven the above taxi on June 20, 2013:57, and proceeded about 74 km at a speed of 74 km per hour in front of the East Sea Zone 17, the 5-lane road in front of the East Sea Zone 9, Namnam-gu, Busan, the court.

The above roads were installed at the center of the city, and the speed of which is 60km a speed, so in such a case, the driver engaged in driving service had a duty of care to prevent accidents by accurately manipulating the steering gear and accurately operating the steering gear while complying with the speed of restriction.

Nevertheless, the Defendant did not discover the victim C (Nam and 49 years of age) who has driven the crosswalk installed on the above road without permission from the left side of the Defendant’s direction by neglecting the speed limit of more than 14 km per hour, and did not find out the crosswalk installed on the above road from the left side of the Defendant’s direction, and was led to the victim with the part of the

As a result, the Defendant caused the death of the victim by occupational negligence as “damage to the life of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, death inspection report, and check report;

1. Notification of the results of the scientific analysis of traffic accidents, traffic accident analysis, and application of field photographing statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2] mitigation element of traffic accidents (special-speed persons]: The victim shall also be the recommended range and recommendation range where the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage.

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